Weller v. Missouri Lumber & Mining Co.
Missouri Court of Appeals
Appeal from Carter County Circuit- Court.—Hon. W. N. Evans, Judgre. (1) Waters to be'navigable nmst be so far navigable or floating in the natural state and in their ordinary capacity as to be of public use in the transportation of property. Waters which can be made navigable or floatable only by artificial means are not public highways. McKinney v. Northcutt, 89 S. W. (Mo.) 351, and authorities cited; Holden v. Mfg.
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Appeal from Carter County Circuit- Court.—Hon. W. N. Evans, Judgre. (1) Waters to be'navigable nmst be so far navigable or floating in the natural state and in their ordinary capacity as to be of public use in the transportation of property. Waters which can be made navigable or floatable only by artificial means are not public highways. McKinney v. Northcutt, 89 S. W. (Mo.) 351, and authorities cited; Holden v. Mfg. Co., 65 Me. 215; Moore v. Sanborne, 2 Mich. 519; Ten Eyck v. Warwick, 75 Hun, 562; Haines v. Hale, 17 Ore. 180; Gould on Waters (3d Ed.), 107; Famham on Waters No. 25. (2) The…
1Opinion of the CourtFarrington, J.
This is an action for damages alleged to have been suffered by plaintiff as operator of a sawmill by reason of the obstruction of a navigable stream in which plaintiff floated logs. The trial resulted in a verdict for plaintiff, the jury assess*247ing his damages at the sum of $550, and defendant has appealed.-
The petition alleged that plaintiff, in November, 1911, was engaged in the operation of a sawmill on the banks of the Current river, a navigable stream, and that in the conduct of said business he was engaged in floating logs in said river to his sawmill; that all the logs received by…
2Cases cited21 opinions
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Donovan v. BoeckSupreme Court of Missouri · 1909
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- Berry v. St. Louis, Memphis & Southeastern RailroadSupreme Court of Missouri · 1908
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Elder v. DelcourSupreme Court of Missouri · 1954
- Gratz v. McKeeCourt of Appeals for the Eighth Circuit · 1920
- Oetting v. PollockMissouri Court of Appeals · 1915
- Winemiller v. LortonSupreme Court of Oklahoma · 1926
- Crum v. ThomasonCourt of Appeals of Texas · 1915
12 more not listed; retrieve them via the Exa API.